Irmak v The Queen Dagdanasar v The Queen

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IRMAK

v

THE QUEEN

DAGDANASAR

v

THE QUEEN
[2022] HCASL 6
S129/2021
S172/2021

  1. An extension of time is required for each of these applications to proceed. These applications for special leave to appeal from a judgment of the Court of Criminal Appeal of the Supreme Court of New South Wales (Johnson, Wilson and Cavanagh JJ) do not identify any reason to doubt the correctness of the decision of the Court. An appeal to this Court would not have sufficient prospects of success to warrant the grant of special leave to appeal. It would therefore be futile to grant an extension of time. The applications should be dismissed.

  2. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the applications.

M.M. Gordon J.J. Edelman
10 February 2022
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Details
Case
[2022] HCASL 6
Decision Date

CaseChat Overview and Summary

The applicants, Irmak and Dagdanasar, sought an extension of time to lodge their applications for special leave to appeal against a decision of the Court of Criminal Appeal of the Supreme Court of New South Wales. The applicants had been convicted of serious criminal offences and their appeals to the Court of Criminal Appeal were dismissed. They now sought to appeal to the High Court. The High Court was required to decide whether the applications for special leave to appeal should be dismissed, or whether an extension of time should be granted.

The High Court found that the applications did not identify any reason to doubt the correctness of the Court of Criminal Appeal's decision. The Court held that an appeal to the High Court would not have sufficient prospects of success to warrant the grant of special leave to appeal, and that it would therefore be futile to grant an extension of time. The Court noted that the applicants had been provided with an opportunity to make their case for an extension of time, and that they had not been able to do so.

Accordingly, the High Court dismissed the applications for special leave to appeal, and directed the Registrar to draw up, sign and seal an order to that effect. The Court held that the applicants' appeals against the Court of Criminal Appeal's decision would not proceed.

There being no further orders to make, the applications for special leave to appeal are dismissed.

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